NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
David Dolnick, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
SEABOARD AIR LINE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Seaboard Air Line Railroad, that:
1. Carrier violated the Telegraphers' Agreement when on the
25th day of February, 1956, it caused, required or permitted Engineer
Rich to handle (receive, copy and deliver) Train Order No. 14 at 4:26
A. M., addressed to C&E Train No. 85 at Bolling, North Carolina.
2. Carrier will be required to compensate Alice Langford, senior
idle extra telegrapher, for a day's pay (8 hours) at the rate of $1.878
per hour, for the violation aforesaid. Total $15.02.
3. Carrier violated the Telegraphers' Agreement when on the
20th day of February, 1956, it caused, required or permitted Brakeman
Speight to handle (receive, copy and deliver) train order No. 4 at 4:26
A. M., addressed to C&E Train No. 85 at Bolling, North Carolina.
4. Carrier violated the Telegraphers' Agreement when on the
21st day of February, 1956, it caused, required or permitted Brakeman
Copeland to handle (receive, copy and deliver) Train Order No. 14 at
4:07 A. M., addressed to C&E Train No. 85 at Bolling, North Carolina.
5. Carrier will be required to compensate R. P. Hedgepeth,
senior idle telegrapher on February 20 and 21, 1956, for two days,
8 hours per day, at the rate of $1.878 per hour, account violations set
forth in Paragraphs 3 and 4. Total $30.04.
EMPLOYES' STATEMENT OF FACTS: There is in full force and effect
a collective bargaining agreement entered into by and between the Seaboard
Air Line Railroad Company, hereinafter referred to as Carrier or Management, and The Order of Railroad Telegraphers hereinafter referred to as Employes or Telegraphers. The agreement was effective October 1, 1944, and has
been amended. The Agreement, as amended, is on file with this Board and is
by reference included herein as though set out word for word in this submission.
(3421
10605-30
~371
The 14 cases mentioned in the above letter have been placed on a stand-by
basis, however, the Organization has not indicated any desire to dispose of the
numerous other claims on the same basis.
The handling of this dispute by the Organization in the manner recited
above is clearly not in conformity with the spirit or intent of the Railway
Labor Act as it does not allow for either prompt or orderly settlement of
the dispute.
Therefore, without prejudice to the Carrier's primary position that the
instant claims are without support of either agreement provisions or practice
on the property, it is further the position of the Carrier that this claim and all
similar subsequent claims progressed to the Adjustment Board should be dismissed as not being properly presented to the Board, for the reasons set out
above. See Third Division Award 5445, etc.
Carrier affirmatively states that all data used herein has been discussed
with or is well known by the General Chairman of the petitioning organization.
(Exhibits not reproduced.)
OPINION OF BOARD:
The issue in this claim is similar in every respect
to the issue in Docket TE-9144 except that the train order was received, copied
and delivered by a Brakeman instead of a Trainmaster. We have fully discussed
the facts and applicable contract provisions in Docket TE-9144. No useful purpose will be served to repeat the reasons for the Board's ruling that the claim
is not valid and that Award 10442 (Gray) is applicable.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act, as
approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Carrier did not violate the Agreement.
AWARD
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 196,2.